Hollingsworth v. Jeffries

• Decision Date: 19 November 1906
• Citation: 121 Mo. App. 660,97 S.W. 632
• Parties: HOLLINGSWORTH v. JEFFRIES.
• Court: Missouri Court of Appeals

97 S.W. 632

121 Mo. App. 660

HOLLINGSWORTH v. JEFFRIES.

Kansas City Court of Appeals. Missouri.

November 19, 1906.

1. EXECUTORS AND ADMINISTRATORS — APPOINTMENT —PUBLIC ADMINISTRATOR.

Rev. St. 1899, § 292, makes it the duty of the public administrator to take charge of the property of any intestate left in the county, and liable to injury, or loss, when intestate does not leave a known husband, widow, or heirs in the state. Section 7, provides that letters of administration shall be granted, first, to the husband or wife; secondly, to those entitled to distribution of the estate, and section 8, provides that when no such person applies for letters after a specified time after the death, the court may issue a citation to him on motion of any person interested, to appear and qualify, and that if the person fails to administer within the time appointed letters may be granted to any person deemed suitable. Held, that where a nonresident died intestate, leaving property in a county and as his only heir a resident of the state, but neither the public administrator of the county where the property was situated, nor the probate court had knowledge of such fact, the granting of letters to the public administrator was not improvident though no citation was issued as provided by section 8.

2. SAME—REVOCATION OF LETTERS.

Rev. St. 1899, § 294, provides that when a public administrator has been appointed to take charge of the estate he shall continue the administration until final settlement unless he resigns, dies, is removed for cause, or is discharged in the ordinary course of law. Section 298, gives the probate court authority at any time for good cause shown to order the public administrator to account for and deliver all property, etc., belonging to any estate in his hands to the heirs of said estate. Held, that it was proper on a showing of the facts for the probate court to revoke the public administrator's letters and grant letters to the heir.

Appeal from Circuit Court, Schuyler County; Nat M. Shelton, Judge.

Motion by William A. Hollingsworth in the probate court of Schuyler county to obtain the revocation of letters of administration issued to John H. Jeffries, as public administrator, on the estate of Caleb Collins, deceased and for a grant of letters of administration to plaintiff. From a judgment of the circuit court, affirming a judgment of the probate court sustaining the motion, the public administrator appeals. Affirmed.

C. C. Fogle, for appellant. Higbee & Mills, for respondent.

JOHNSON, J.

Plaintiff filed a motion in the probate court of Schuyler county, the purpose of which was to obtain the revocation of letter of administration issued to defendant, the public administrator, on the estate of Caleb Collins, deceased, and the grant of letters of administration to plaintiff. The probate court sustained the motion, and defendant appealed to the circuit court where the motion was submitted by the parties on an agreed statement of facts. Plaintiff again prevailed, and the case is here on defendant's appeal. The material facts thus are stated in the agreed statement: "That on the 11th day of August, 1905, Caleb Collins died intestate and without widow or issue, being, at the time of his death, a resident of Davis county, Iowa; that William A. Hollingsworth, plaintiff in this case, is one of the heirs of said Caleb Collins, deceased, and entitled to a distributive share of said estate, and that he was then and is now the only male heir of said deceased residing in the state of Missouri; that he is now and was the only heir and distributee of said Collins living in this state at the time the probate court ordered defendant to take charge of said estate, competent to administer thereon; that he lives and did live, at the time of the death of said Caleb Collins, and has ever since continuously resided, in Mercer county, Mo.; that on the 4th day of December, 1905, the probate court of Schuyler county, Mo., during the regular term thereof, ordered John H. Jeffries, public administrator of Schuyler county, Mo., to take charge of the estate of said deceased, Caleb Collins, without having given any notice or citation to affiant, or to any other heir or distributee of said Collins to administer on said estate; and thereupon said public administrator took charge of the assets of said deceased, situated in said county of Schuyler and state of Missouri, and now has the same in his charge. That said Caleb Collins left 152 acres of land in Schuyler county, Mo., at his death, of which he was seised in fee, being all the land he owned situated in the state of Missouri, except 80 acres of unimproved land located in Macon county, Mo.; that said Caleb Collins left no mansion house or place of abode in the state of Missouri; that said Caleb Collins left personal property in the said county of Schuyler, that is liable to be wasted or destroyed, unless said estate is administered upon; that at the time the public administrator took charge of the estate of said Caleb Collins, William A. Hollingsworth, the plaintiff in this cause, was unknown to the probate court, and it was not then known to the probate court that he resided in Mercer county, Mo.," etc.

Two main questions are presented. First, were the letters of administration granted to the public administrator improvidently issued? Second, if not, has plaintiff as the resident heir of the decedent the right to supersede the public officer in the administration of the estate? By the...